• right of publicity

    Think of the Name

    by  • September 16, 2019 • right of publicity, trademark • 1 Comment

    In transactional work, don’t think just about what you’re getting, but also what you don’t want the target to do in the future. Three family members with the surname Traeger had a business in wood pellet grills. They sold the business to plaintiff Traeger Pellet Grills. At least one of the Traeger family later...

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    A House’s Right of Publicity

    by  • August 19, 2010 • right of publicity, trade libel

    Photo by Julian Walker, licensed as CC-BY-ND Robinson v HSBC Bank USA is a case I characterize as a harm in search of a legal theory.  You have some sympathy for the plaintiffs, but not every wrong suffered gets you legal relief. Plaintiff Douglass Robinson owns a much-photographed house in the Haight neighborhood of...

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    Zorro a Preview to Steamboat Willie?

    by  • March 28, 2010 • copyright, right of publicity, trademark

    There’s a somewhat puzzling complaint newly filed in the Northern District of California. Zorro Productions, Inc. (ZPI) filed an unfair competition suit against Mars, Inc., maker of M&M’s candies, and its advertising agency, BBDO Worldwide, Inc. The complaint alleges that ZPI is the owner of all rights, including without limitation, trademarks and trade dress,...

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    Estate of Saunders v Estate of Garcia

    by  • January 2, 2009 • copyright, right of publicity

    According to the complaint, Merl Saunders and Jerry Garcia performed together as the Merl & Jerry Band. It was a partnership with equal shares. The two created Master Tapes, which were jointly owned but in the Garcia estate’s possession. Jerry Garcia’s estate released the recordings on an album (left) entitled Pure Jerry: Jerry Garcia...

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    Who Owns Player Names and Statistics?

    by  • September 10, 2008 • right of publicity

    The NFL Players Association, through National Football League Players Inc., is a nonexclusive licensing entity for NFL players’ rights of publicity. CBS Interactive, which runs the web site CBSSports.com, did not believe that it needed a license to use player names and statistics for its fantasy football site, but, according to CBS Interactive, the...

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